NAFR Digitally signed INDRAJEET by INDRAJEET HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU SAHU Date: 2026.02.19 10:24:36 +0530 CRR No. 174 of 2026

1 - XYZ ... Applicant Versus

1 - State of Chhattisgarh Through- Station House Officer, P.S.- Sipat, District-

Bilaspur (C.G.).

2 - ABC (Victim) (Details of the Victim is given in closed envelope).

... Respondent(s)

For Applicant : Ms. Reena Singh, Advocate.

For Respondent-State : Shri Vinod Tekam, Dy. Govt. Advocate.

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

16 .0 2 .202 6

1. Pursuant to the order dated 03.02.2026, the victim and her mother appeared before the court through virtual mode from the concerned District Legal Services Authority and raised objection in granting bail to the applicant. The submission is taken on record.

2. Present is a Criminal Revision filed under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (in short the Act, 2015’), against the order dated 02.01.2026 passed by Additional Sessions Judge (FTC), Bilaspur and Children Court, Bilaspur, in Criminal Appeal No. 319/2025, whereby the appeal preferred by the applicant under Section 101 of the Act of 2015 has been dismissed and the order of rejection of bail by the Juvenile Justice Board, Bilaspur dated 03.12.2025 passed in Crime No.556/2025 is affirmed. The applicant is a juvenile in conflict with law who has been in custody since 26.09.2025 in the offence of aforesaid crime registered at Police Station Sipat, District Bilaspur for the offence under Section 65(2) and

49 of BNS and Sections 4 & 6 of POCSO Act.

3. Learned Counsel for the Applicant would submit that the applicant is admittedly a juvenile in conflict with law and he is in observation home since 26.09.2025. As per Section 12 of the Act, 2015, for the purpose of releasing the juvenile on bail, the gravity of the offence is not to be seen. The juvenile in conflict with law is a student of 10^th Class and his final examination is scheduled from 21.02.2026. There is no possibility that after releasing him on bail, he will again come in association with any criminal person and there is no reason to believe that release of the juvenile is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. She would further submit the juvenile is in custody since 26.09.2025 and till date the evidence has not been started. Therefore, considering the nature of offence and the period of custody of juvenile in conflict with law, he may be released on bail. She would rely upon the order dated 14.08.2024 passed by Supreme Court in SLP(Cr.)No.9566 of 2024 (Juvenile in conflict with law Vs. State of Rajasthan & Another).

4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submitted that taking into consideration the nature of offence committed by the juvenile along with two other co-accused persons it is not a fit case where the juvenile be released on bail.

Referring to report of Probationary Officer he would submits that the manner in which the juvenile in conflict with law committed the offence as also considering the nature of offence, the juvenile in conflict with law may not be released on bail as regular bail applications of other co- accused persons have already been dismissed as withdrawn vide order dated 05.01.2026 passed in MCrC No.10176 of 2025.

5. I have heard the counsel for the parties and perused the case diary and material annexed with the Revision.

6. Before considering the case of the juvenile in conflict with law, it would be appropriate if Section 12(1) of the Act, 2015 is taken into consideration. For ready reference, the same is being reproduced hereunder:

"Section 12:(1) When any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or Is brought before a Board, such person shall, notwithstanding anything conta